TICOR TITLE INSURANCE COMPANY v. AMERICAN DEED COMPANY, LLC et al

Filing 21

ORDER GRANTING 4 MOTION for Preliminary Injunction filed by TICOR TITLE INSURANCE COMPANY, as against defendant Landman. Signed by Judge Arthur J. Schwab on 3/21/07. (mjl)

TICOR TITLE INSURANCE COMPANY v. AMERICAN DEED COMPANY, LLC et al

Doc. 21

Case 2:07-cv-00324-AJS

Document 21

Filed 03/21/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF PENNSYLVANIA T IC O R TITLE INSURANCE COMPANY, Plai ntiff, v. A M E R I C A N DEED COMPANY, LLC, RIC HA RD STROMBERG, DAVID LANDMAN, Defendan t. P R E L I M I N A R Y INJUNCTION ORDER AND NOW, this 21 st day of March, 2007, after careful consideration of plaintiff Ticor T i tl e Insurance Company's Motion for Preliminary Injunction, and the Verified Complaint; the r e sp e c ti v e positions of Defendant Richard Stromberg and the trustee for the bankruptcy estate of defe nd ant American Deed Company, LLC; the Stipulation and/or Consent Order among Plaintiff, D e f e n d a n t American Deed Company, LLC, and Defendant Stromberg; and Defendant David L a n d m an ' s response to the motion for preliminary injunction and answer to the complaint; and a f te r taking testimony from plaintiff's witness and taking evidence at the hearing of this date; the C o u r t finds that plaintiff's witness is credible, and that Ticor has met its burden of showing (1) a r e as o n a b le probability that plaintiff ultimately will succeed on the merits; (2) that Ticor would be i r re p a ra b l y harmed by denying the injunction; (3) that there will not be greater harm to the n o n m o v i n g parties if the injunction is granted; and (4) that the injunction is in the public interest. ACLU v. Reno, 217 F.3d 162, 172 (3d Cir. 2000). Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Preliminary Injunction (doc. n o . 4) is GRANTED. 07cv0324 E L E C T R O N I C A L L Y FILED

Dockets.Justia.com

Case 2:07-cv-00324-AJS

Document 21

Filed 03/21/2007

Page 2 of 2

I T IS FURTHER ORDERED, that Defendant Landman, and all other persons or entities w i t h in his control or supervision, and all other persons or entities acting in concert with him or o n his behalf or participating with him, are hereby ordered to: A. B. I m m e d i a t e l y discontinue removal of funds from Ticor real-estate transactions. P r o v id e to counsel for Ticor, by 3:00 PM on Friday, March 23, 2007, all of the follow ing: (i) (ii) A l l orders involving Ticor's title assurances which have not closed; A l l orders involving Ticor's title assurances which have closed but for w h i c h no policy has been issued; A l l commitments, policies, endorsements and other title assurances of T i c o r which have been issued but not reported to Ticor; A l l issued Closing Protection Letters; and A l l un-issued title policy jackets, commitments and Ticor forms such as e n d o r se m e n t s; and

(iii)

(iv) (v)

C.

P r o v id e to counsel for Ticor, on or before Monday, March 26, 2007, at 3:00 PM, a l l files related to Ticor matters, including all documents and things that refer to or r e f l e c t funds from Ticor insured transactions and a complete accounting of all T i c o r insured transactions.

I T IS FURTHER ORDERED that all accounts of defendant Landman holding proceeds f r o m Ticor transactions shall be frozen, and that Defendant Landman shall identify all such a c c o u n ts and cooperate to ensure that such accounts are frozen, by 3:00 PM on Friday, March 23, 200 7, to counsel for Ticor. This Order shall remain in effect until a final hearing on the merits of Plaintiff's C o m p l a i n t or until further Order of Court. The bond (doc. no. 13) posted for the Temporary Res trainin g Order (doc. no. 9) shall remain in effect for this Preliminary Injunction Order. s/ Arthur J. Schwab Arthur J. Schwab Un ited States District Judge cc: A l l Registered ECF Counsel and Parties

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